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Archive for March, 2010

Thursday, March 25th, 2010

Richard Powers is the senior vice president of real estate sales for Altisource Portfolio Solutions, a leading provider of real estate, mortgage, asset recovery and customer relationship management services. For this episode of In This Corner, Richard explains why the shadow inventory of homes could double from the S&P estimate, and what the industry plans to do about it.

Defaults are up, but foreclosure sales are down. How big is the pig-in-the-python going to get?

One thing is clear: the pig — at about half a trillion dollars — is already pretty darn big. But predicting just how much bigger it’s going to get is tough because doing so would be an attempt at economic forecasting, a dicey proposition at best. So let’s talk about likely ranges. S&P estimates that the number of foreclosed homes and seriously delinquent homes that have yet to reach the market represent 33 months of supply, including re-defaults. This assumes current levels of absorption in the $160 billion per year range. The elimination of the federal home buyer incentives, a deterioration in the job market, and rising interest rates all could have a dampening effect on absorption and a corresponding increase in the number of properties that will ultimately have to be liquidated. Therefore, in a worst case scenario, the total amount of shadow inventory could be much higher, perhaps as much as twice the number that S&P recently forecast.

So, asset managers are under some pretty serious pressure to not only manage the sale of the assets but the rate at which they go out the door. What works and what doesn't work for AM's looking for that perfect blend?

This is something we have to confront every day, and the bias is different for each of our servicer and investor clients. In a perfect world, each property would be sold in a day at the highest possible price. However, we have yet to stumble upon this nirvanic state. What we have done is run a variety of test and control scenarios that allow us to optimize the relationship between proceeds and sale time. This analytic approach has helped to determine the “right” listing price, rather than simply defaulting to a broker price opinion (BPO) or internal reserve price to establish the initial market exposure price. We have also steadily improved process and throughput to reduce cycle times. For example, we have automated a client’s rules into our system and in so doing have obtained delegated authority for many decisions that would otherwise involve hand-offs required for securing marketing or repair approvals.

Are there enough buyers waiting for those homes?

It would seem that, based on the current economic environment, the answer would be no. Of course, a further decline in home prices would help in one regard: demand. But on a macro level, it would only make matters worse as declining home prices would put even more pressure on defaults. Conversely, a sustained drop in unemployment and improvement in the economy would not only stabilize home prices but increase demand as well. While we can all hope for the latter scenario, we should also prepare should the outcome prove thornier over the next few years.

For those wise enough to prepare for the worst, what new innovations or strategies are some asset management firms using to liquidate this huge overhang of REO inventory?

Asset management firms are using short sales and deeds-in-lieu, as liquidation alternatives, as they often deliver a much higher net present value than the traditional REO sales process. As you might imagine, we are utilizing these approaches much more extensively, as is much of the industry. It goes without saying that finding a balanced solution that allows a borrower to remain in his or her home is the first and best option, where appropriate. In cases where workouts and modifications are not the answer, the next best option is to get the property into stronger hands in the least costly and most time-efficient manner. This is why there is so much focus on these tools, beginning with the creation of Home Affordable Foreclosure Alternatives (HAFA) program to the various private industry implementations outside of the federal government’s involvement.

In February, Altisource acquired Lenders One. What does the acquisition mean for Altisource, and is there going to be more condensing – companies acquiring smaller companies – in the future for asset management firms?

Let me answer this in reverse order. Consolidation across all industry segments is a trend that is firmly underway and underscores the fact that only the most efficient operators will survive. I see no evidence that this trend is reversing. But having said that, the transaction with Lenders One and MPA has nothing to do with efficiency but everything to do with synergy. The combined production of Lender’s One members was over $70 billion last year and places them among the top 5 in retail originations nationally. Altisource brings capital and complimentary products and services that will allow the participants within Lenders One to originate more loans and be more profitable. Lenders One/MPA has an impressive roster of member firms with a terrific management team. Although this partnership is in the early stages, we are excited indeed about the prospects ahead.

Thursday, March 25th, 2010

European Commission (EC) president José Manuel Barroso issued a statement:

The Commission is ready to propose an instrument for coordinated assistance to Greece. Such an instrument would be constituted by a system of coordinated bilateral loans and would be compatible with the no bail-out clause and with strict conditionality. The creation of this instrument does not imply its immediate activation. Our objective is an instrument designed within the euro area, with conditions and management established by the euro area and its institutions. We cannot prolong any further the current situation. I do not want to speculate if there will be a financial contribution from the IMF. What is important is to agree on a Euro area instrument. I urge the EU's leaders to agree on this instrument as soon as possible.

Thursday, March 25th, 2010

The 35% increase of Texas foreclosures in February was the highest monthly gain of any state in the country, according to data from ForeclosureListings.com, an online foreclosure marketplace.

Michigan had the second highest increase at 17.5%, followed by California at 11.9% and Florida at 4.7%. Georgia and Arkansas have seen foreclosures drop by 5.5% and 28.6% respectively. One in every 418 homes received a foreclosure filing, reaching more than 300,000 for the 12th straight month, according to ForeclosureListings.com.

“Several states are creating emergency funds to help the temporarily unemployed from being foreclosed upon. But the numbers continue to paint a bleak picture,” according to the report.

Select state Housing Finance Agencies (HFAs) are drafting proposals to use the $1.5bn from the HFA Hardest-Hit Fund to prevent foreclosures and stabilize local housing markets. HFAs in California, Florida, Arizona, Michigan and Nevada can submit proposals for programs that will target unemployed or underwater borrowers and second-lien relief.

Las Vegas led all cities with the most foreclosures in February with more than 3,100 filings, a 29% increase from January. Lon DeWeese, chief financial officer of the Nevada Housing Division told HousingWire that a strategy is being clarified through a series of public hearings to use the government funds. They are currently developing programs focused on home retention for unemployed, underemployed, and borrowers who cannot reconfigure current first mortgages due to a second-lien debt load.

Denver had the second highest foreclosure gains among cities with more than 2,000 filings in February, despite the 5% drop from the month before. The 34% increase in Phoenix pushed that city to the third spot with more than 1,600 filings.

Write to Jon Prior.

Thursday, March 25th, 2010

Financially troubled Ambac Assurance Corp., the principal operating subsidiary of New York-based financial guaranty firm Ambac Financial Group (ABK: 0.00 N/A), said today it established a segregated account to hold insurance policies related to residential mortgage-backed securities (RMBS) and other structured finance transactions for orderly runoff and settlement.

While Ambac said the segregated account rehabilitation does not constitute an event of default under its bond indenture, the firm may consider bankruptcy to restructure its debt. The news comes as no shock, after Ambac warned in a regulatory filing last year that it may need to file for bankruptcy protection.

The bond insurer’s actions stemmed from the direction of the Wisconsin Office of the Commissioner of Insurance (OCI), which said immediate action is necessary to address Ambac’s financial position.

"I am taking action to protect policyholders, including investors in thousands of state and local municipal bond issues and other public finance securities, who rely on [Ambac]'s guaranty," said Wisconsin Insurance Commissioner Sean Dilweg in a press release today. "I have a concrete plan for rehabilitation, and details will be reviewed in court over the coming weeks."

The segregated account will contain certain policies insuring or relating to credit default swaps, all of Ambac’s RMBS obligations, certain other student loan policies, policies insuring troubled credits and other contingent liabilities including reinsurance policies. The segregated account is supported by a $2bn secured note.

“The Board has worked diligently over the past two years to forge the best possible outcome for Ambac and its various stakeholders,” said chairman of the board of directors Michael Callen, in a press statement today. “In light of OCI’s determination to take some sort of rehabilitative action with respect to Ambac Assurance, the Board has determined, after thoughtful and careful consideration, that compliance with the direction of OCI to establish the segregated account of Ambac Assurance and to consent to the terms of the proposed settlement agreement of our CDO of ABS portfolio is the best alternative available.”

Additionally, Ambac agreed on a proposed settlement agreement with several counterparties to commute “substantially all” its remaining collateralized debt obligations of asset-backed securtities (CDOs of ABS).

Callen added: “The actions taken today, together with the proposed settlement if effected, commute substantially all of our CDO of ABS exposure at a substantial discount to the expected present value of potential claims.”

Under the agreement, Ambac will pay an aggregate $2.6bn in cash and $2bn of newly issued surplus notes of Ambac.

Write to Diana Golobay.

Disclosure: The author holds no relevant investment positions.

Thursday, March 25th, 2010

[Update 1: Adds numbers, strategy]

As the US Treasury Department gears up to launch the Home Affordable Foreclosure Alternatives (HAFA) program next month, lenders, tech companies and asset managers are racing to bolster capacity in time. Stepping into the fray, Lenders Asset Management Corp. (LAMCO), a default asset management company that traditionally offered REO services, is getting into the race to secure short sale business.

HAFA will launch April 5, 2010 and will provide incentives to servicers to conduct short sales or deeds-in-lieu of foreclosure for borrowers who fail to qualify for the Home Affordable Modification Program (HAMP). LAMCO is planning to use specialized teams of experts to handle the short sale and liquidation process by marketing and selling distressed and bank-owned (REO) properties under HAFA guidelines.

According to LAMCO, the efforts will streamline the short sale process, which one broker told HousingWire usually takes six to eight months as the many moving parts of the deal reach an agreement. Under HAFA, a short sale agreement between the buyer, seller, servicer and investor expires after 120 days if the short sale isn’t executed.

According to a spokesperson at LAMCO, the company can handle 2,500 short sale transactions per month and will scale toward 10,000 per month as directed by its clients.

“In preparation for HAFA, LAMCO has prepared its team of experts as well as its network of established vendors to further enhance the coordination among all parties involved in the short sale process,” said Brandon Hawkes, CEO of LAMCO.

HousingWire is joining forces with the Treasury for a Webinar on the HAFA program.

Write to Jon Prior.

Thursday, March 25th, 2010

With just one week left before the end of March — and the end of the Federal Reserve’s $1.25trn mortgage-backed securities (MBS) purchase program — mortgage rates were up in two weekly surveys.

Freddie Mac (FRE: 0.00 N/A) said the average rate for a 30-year fixed-rate mortgage (FRM) was 4.99% with an average 0.6 origination point for the week ending March 25, up from last week’s average of 4.96%. A year ago, the rate average was 4.85%.

The Bankrate.com survey of large banks and thrifts put the average rate for a 30-year FRM at 5.11% with an average 0.41 origination point, up from last week’s average of 5.07%, but down from last year’s average of 5.19%.

“Mortgage rates inched up slightly this week as bond yields rose even further,” said Freddie Mac vice president and chief economist Frank Nothaft. “Interest rates on 30-year fixed mortgages, however, were still below 5% for the fourth consecutive week.

Freddie said the 15-year FRM averaged 4.34% with an average 0.6 point, up from last week when it averaged 4.33%. A year ago at this time, the 15-year FRM averaged 4.58%. Bankrate.com said the 15-year FRM averaged 4.47% with an average 0.41 origination point, up from last week’s average of 4.45%.

The five-year Treasury-indexed hybrid adjustable-rate mortgage (ARM) averaged 4.14% with an average 0.6 point, Freddie said, up from last week when it averaged 4.09%, but down from last year’s average of 4.98%. Bankrate.com put the five-year ARM at 4.49% with an average 0.41 point, up from last week’s average of 4.46%.

Freddie also said the one-year Treasury-indexed ARM averaged 4.2% with an average 0.6 point, up from last week when it averaged 4.12% and down from last year’s average of 4.85%.

Write to Austin Kilgore.

Thursday, March 25th, 2010

As the mortgage origination industry continues to evolve its processes to become compliant with the changes to the Real Estate Settlement Procedures Act (RESPA), Minneapolis-based Wolters Kluwer Financial Services started a new service to help lenders ensure operations on in line with the new laws and avoid Department of Housing and Urban Development (HUD) sanctions.

The Wolters Kluwer RESPA Post-Implementation Audit Service helps lenders implement new policies and procedures to complement updates to software systems. Jason Marx, vice president and general manager of Wolters Kluwer Financial Services’ mortgage division told HousingWire that lenders facing many challenges in implementing the new RESPA rules, which include a new HUD-1 and good faith estimate (GFE) forms.

“The forms were brand new and they had new tolerances, new fee lines, new calculations and people that were preparing those things for years suddenly had to do it differently from Friday to Monday,” Marx said.

Wolters Kluwer lawyers, compliance analysts and regulatory consultants conduct a review of the company’s RESPA changes, including lending, compliance, vendor management, and staff training procedures, as well as loan file reviews of GFEs and HUD-1 and HUD-1A forms for accuracy and adherence to all RESPA requirements.

Since the new RESPA regulations took effect January 1, HUD has mandated compliance, but because the changes were so drastic, there has been some leniency. Implementing the policies has been difficult for lenders because prior to January 1, many of the standards were in flux, but that doesn’t excuse lenders from implementing the changes, Marx said.

“The regulators understood this was a large complex change and as long as lenders are showing good faith in going forward and making the changes necessary, that was where they were allowing the lenders some latitude in timing, but not necessarily in compliance,” Marx said.

“The expectation from the regulators is that there best be a good faith effort that you’re making to comply with the changes. Doing nothing is not acceptable,” he added.

Write to Austin Kilgore.

Thursday, March 25th, 2010

Citigroup (C: 30.87 +1.61%) agreed to participate in the Second Lien Modification Program (2MP) within the administration’s Home Affordable Modification Program (HAMP).

2MP will call for modifications that reduce monthly payments on qualifying home equity loans and lines of credit under certain conditions, including the completion of a HAMP modification of the first mortgage.

"It is our priority and commitment at Citi to help homeowners in need," said CEO Vikram Pandit in a press statement today. "The 2MP program will further improve the affordability on mortgages and help families facing financial distress stay in their homes.”

Citi is among the first servicers to sign on to the program, following days after JPMorgan Chase (JPM: 37.21 -0.75%) announced it would participate. Last week, Wells Fargo (WFC: 29.60 +1.89%) signed on to participate in 2MP after Bank of America (BAC: 7.29 -0.14%) became the first to sign on in January.

Since the program was first announced in April 2009, the risk that “silent” second liens pose to first lien bond holders in residential mortgage-backed securities (RMBS) has only grown louder. Investor fears culminated this month in a letter from House Financial Services Committee chairman Barney Frank (D-Mass.) urging the top four lenders to pursue “immediate steps to write down second mortgages.”

Write to Diana Golobay.

Disclosure: The author holds no relevant investment positions.

Wednesday, March 24th, 2010

The earned principal forgiveness program announced today by Bank of America (BAC: 7.29 -0.14%) bears adverse implications for the payout of certain non-agency mortgage-backed securities (MBS), according to commentary by Barclays Capital.

In particular, the program presents a "clear negative" for junior mezzanine and subordinate debt holders, as well as moral hazard risk as borrowers intentionally default to receive principal forgiveness.

The BofA plan will focus on borrowers eligible for — but not currently in — HAMP trials, BarCap researchers said in commentary provided to HousingWire Wednesday. BofA will target certain subprime and pay-option adjustable rate mortgages (ARMs) with mark-to-market loan-to-value (MTM LTV) ratios greater than 120%.

Under the program, BofA will first forbear principal down to 100% MTM LTV to reduce monthly payments to the 31% debt-to-income (DTI) threshold. This could be combined with rate reductions and term extensions if the monthly payment remains above 31% DTI after forbearing to the 100% MTM LTV threshold, according to BarCap.

The second part of BofA's plan calls for the forborne amount to be forgiven as the borrower remains current over five years — thus earning the forgiveness of the forborne amount. BofA will forgive 20% of the forborne amount for each of the first three years the borrower remains current. In the fourth and fifth years, the forgiven amount will be adjusted to account for any home price appreciation so that the LTV does not fall below 100%, BarCap said.

Researchers found that of the securitized subprime and option ARM loans serviced by Countrywide/BofA, 40-45% of delinquent borrowers and 20-25% of current borrowers have MTM LTV ratios above 120%. If these borrowers saw around 30% of forbearance and the loss is recognized immediately, BarCap calculated the program could result in a write-down of the bottom 9-10% of the capital structure.

BarCap said although it's unclear whether the forborne amount will be recognized as a loss, such will likely be the case, as the only argument against not recognizing the loss is the probability of recovering some of the forborne principal when the loan is paid in full. It would take significant house price growth for BofA to recover principal in these cases.

The program could lead to more moral hazard, researchers wrote, especially if it is extended to other sectors like jumbo hybrids, as more borrowers intentionally become delinquent to receive principal forgiveness. It also represents "a clear negative" for junior mezzanine and subordinates, but could be "a mild positive" for super-senior non-recourse (SSNR) pieces if moral hazard is controlled.

"SSNRs would benefit assuming that forbearance is treated as a loss similar to HAMP, thus writing down subs and mezz bonds and stopping cash flow from leaking to the subordinate/mezzanine bond," BarCap researchers wrote. "However, if moral hazard flares up, this will likely counter the benefit and reduce the overall principal recoveries on the deal, hurting the SSNR."

BarCap noted it could lead to lower last cash flow prices — as most Countrywide subprime deals have sequential triple-As — which could benefit the front cash flows if re-defaults are improved. On pro rata deals, it should lead to faster crossover on low credit enhancement deals and could also lead to slower crossover on deals with high credit enhancement

It also could be positive for second-lien holders, especially monolines that have wrapped this risk. The first-lien modifications are not HAMP mods, after all, and although BofA signed on to the Second Lien Modification Program (2MP), BarCap noted the servicer might not be required to modify the second lien behind these loans.

"Even if BofA offers the same level of debt forgiveness as on the first lien on the second, the monolines will gladly trade off an upfront loss of 30% plus annual loss on interest of 8-9% to avoid an upfront 100 dollar loss on each second- lien loan," researchers said.

Write to Diana Golobay.

Disclosure: The author holds no relevant investment positions.

Wednesday, March 24th, 2010

The Federal Deposit Insurance Corp. (FDIC) placed $653m worth of structured finance notes on residential mortgages seized when Delaware-based Franklin Bank failed. The deals carry the full faith of the US government against losses.

Details on the deal first emerged on Friday.

The notes, called Structured Sale Guaranteed Notes 2010-L2, priced today at 5-10 points inside guidance at 75bps over the benchmark swap rate, with a 3% coupon, according to information on DebtWire. As with the previous deal, Residential Credit Solutions is the servicer and the bookrunner is Barclays Capital. CitiBank is acting as custodian.

According to the pre-sale report, the mortgage assets, at an average unpaid principal balance of $240,000, are concentrated in California, Florida, Texas, New York and Virginia. Of the total unpaid balance, 65% is current and 16% is in foreclosure. The remaining term to maturity is 304 months, and the average borrower’s FICO score is 668. There is a weighted average coupon (WAC) of 5.6% on the deal.

Write to Jacob Gaffney.



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